Law Commission
proposes certain amendments to RP Act, 1951. To quote the
report, "major proposal put forward relates to
amendment of section 8 of the Representation of the
People Act 1951 which, as it now stands, provides for
disqualification on the ground of conviction for certain
named offences. It is well known that mafia leaders and
leaders or members of criminal gangs rarely get convicted
by courts. The reasons for this phenomenon are well
known, the foremost among them being the unwillingness of
the witnesses to come forward and depose for fear of
reprisals from the accused. It is accordingly proposed
that even if charges are framed under any of the offences
mentioned in sub-section (1) is not necessary; if the
charges are framed by the court under any of those
offences, it would be sufficient to attract the
disqualification under section 8. For this purpose,
several measures have to be adopted, namely,

Shifting the
offences under the Protection of Civil Rights Act, 1955
from sub-section (1) of section 8 to sub-section (2)
thereof. This is for the reason that in the opinion of
the Commission it is not advisable to increase the
punishment provided by the provisions of the Civil Rights
Act to three years (in which case along it would become a
warrant case, requiring the framing of charges).

It is suggested that
the punishment under sections 171E and 171F should be
enhanced to three years in addition to fine in place of
the existing punishment of one year of fine or both. It
is also suggested that offences under sections 171G, 171H
and 171I of the Indian Penal Code should not only be
included in clause (a) of subsection (1) of section 8,
but the punishment under the said three sections should
also be enhanced to three years in addition to fine. It
may be mentioned that all the offences mentioned under
sections 171E to 171I are offences relating to elections.
These provisions were added by chapter IXA introduced in
the IPC by Amendment Act 39 of 1970. Over the years, we
have seen that these offences are on rise and are
becoming more widespread, and more serious. To counteract
this trend, it is necessary to enhance the punishment
under the aforesaid sections so as to make the procedure
relating to warrant cases applicable in all such cases.
It may be mentioned that in cases triable as warrant
cases, the framing of charges is obligatory (unless of
course the accused is discharged) whereas in case of
offences triable according to summons procedure, framing
of the charges is optional with the court. Once the
procedure for warrant cases is attracted and charges are
framed in respect of specified offences, the accused
person would be disqualified under section 8 of the
Representation of People Act, 1951. Necessary Amendment
Bill for this purpose is appended herewith as IPC (Amendment)
Bill.

Similarly, the
punishment under sections 135, 135A and 136(2) of the
Representation of the People Act is also proposed to be
enhanced to three years. These offences pertain to
removal of ballot papers from polling stations, booth
capturing and fraudulently defacing of destroying
nomination papers. They too are election offences and
deserve to be treated on par with, if not more severely
than, the offences mentioned in Chapter IXA of the Indian
penal Code."(Page
No.20 to 23 of Working paper on Reform of the Electoral
Laws, September 1998)

The detailed
Amendments to various Sections of the RP Act, 1951

Amendment of Section 8:

In section 8 of the
Principal Act, for the existing title, the following
title shall be substituted:

"Sec. 8 Disqualification
for certain offences.

For sub-sections (1)
and (2), the following sub-sections shall be substituted:

A person
against whom charge has been framed under, or who
has been convicted of an offence punishable under
-

Section 153A
or section 171E or Section 171F or section 171G
or section 171H or section 171I of sub-section (1)
of sub-section (2) of section 376 or section 376A
or section 376B or section 376C or section 376D
or section 498A or Sub-section (2) or sub-suction
(3) of section 505 of the Indian Penal Code (45
of 1860); or

Section 11
of the Customs Act, 1962 (52 of 1962); or

Sections 10
to 12 of the Unlawful Activities (Prevention)
Act, 1967 (37 of 1967); or

The Foreign
Exchange (Regulation) Act, 1973 (46 of 1973); or

The Narcotic
Drugs and Psychotropic Substances Act, 1985 (61
of 1985); or

Section 3 or
section 4 of the Terrorist and Disruptive
Activities (Prevention) Act, 1987 (28 of 1987);
or

Section 7 of
the Religious Institutions (prevention of Misuse)
Act, 1988 (41 of 1988); or

Section 125
or section 135 or section 135 A or sub-section (2)
or section 136 of this Act, shall be disqualified
for a period of twelve years from the date of
framing of such charge or such conviction as the
case may be.

A person
convicted for the contravention of -

any law
providing for the preventing of hoarding or
profiteering; or

any law
relating to the adulteration of food of drugs; or

any
provisions of the Dowry Prohibition Act, 1961 (28
of 1961); or

any
provisions of the Commission of Sati (Prevention)
Act, 1987 (3 of 1987); or

the
Protection of Civil Rights Act, 1955 (22 of 1955);
or

any
provisions of the Prevention of the Insults to
National Honour Act, 1971

And
sentenced to imprisonment for not
less than six months shall be
disqualified from the date of
such conviction and shall
continue to be disqualified for a
further period of six years since
his release."(Page No.46-48)

Amendments to
Chapter IXA of the Indian Penal Core, 1860

Amendment
of sections 171E, 171F, 171G, 171H and
171I of Indian Penal Code;

In chapter IXA of
the Indian Penal Code, for sections 171E, 171F, 171G, 171H
and 171I, the following sections shall be substituted:

"171E.
Punishment for bribery. - Whoever commits
the offence of bribery shall be punished
with imprisonment of either description
for a term which may extend to three
years and shall also be liable to fine.

171F.
Punishment for undue influence or
personation at an election. - Whoever
commits the offence of undue influence of
personation at an election shall be
punished with imprisonment of either
description for a term which may extend
to three years and shall also be liable
to fine.

171G.
False statement in connection with an
election. - Whoever with intent to affect
the result of an election makes or
publishes any statement purporting to be
a statement of fact which is false and
which he either knows or believes to be
false or does not believe to be true, in
relation to the personal character or
conduct of any candidate shall be
punished with imprisonment of either
description for a term which may extend
to three years and shall also be liable
to fine.

171H.
Illegal payments in connection with an
election. - Whoever without the general
or special authority in writing of a
candidate incurs or authorises expenses
on account of the holding of any public
meeting, or upon any advertisement,
circular or publication, or in any other
way whatsoever for the purpose of
promoting or procuring the election of
such candidate shall be punished with
imprisonment of either description which
may extend to three years and fine which
may extend to five hundred rupees.

Provided
that if any person having incurred any
such expenses not exceeding the amount of
ten rupees without authority obtains
within ten days from the date on which
such expenses were incurred, the approval
in writing of the candidate, he shall be
deemed to have incurred such expenses
with the authority of the candidate.

171I.
Failure to keep election accounts.
Whoever being required by any law for the
time being in force of any rule having
the force of law to keep accounts of
expenses incurred at or in connection
with an election fails to keep such
accounts shall be punished with
imprisonment of either description for a
term which may extend to three years and
shall also be liable to fine.

171J. Exceeding the
prescribed limit of election expenses - Any candidate whose
expenditure on election exceeds the amount prescribed under sub-section
(3) of section 77, shall be punished with imprisonment which may
extend to three years and shall also be liable to fine. (Pages No.73-75)